Terms and Conditions
TERMS AND CONDITIONS
KAMBUDZI (PTY) LTD
(Registration number 2020/110108/07)
These Terms and Conditions (the “Terms”) govern your access to and use of the website and the services associated with it, which is offered by Kambudzi (Pty) Ltd (hereinafter referred to as “Kambudzi”).
Our Privacy Policy is incorporated by reference into these terms and you are agreeing to accept and abide by our Privacy Policy upon agreeing to these terms and by using our services. Please review the Privacy Policy as this describes how we collect and use your personal information.
DEFINITIONS
1.1. “Customer/User”
refers to the customer and any user that acquires our services through our website.
1.2. “FIC”
means the Financial Intelligence Centre which was established in terms of FICA to administer the Financial Intelligence Centre Act.
1.3. “FICA”
means the Financial Intelligence Centre Act No 38 of 2001.
1.4. “Personal Data”
Shall refer to any information relating to an identified or identifiable natural person where an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to their physical, physiological, mental, economic, cultural or social identity.
1.5. “Recipient”
means the individual who is designated by the Sender as the beneficiary of a Remittance Transaction or goods purchased on the website.
1.6. “Remittance Transaction”
means the transmission of value via Kambudzi to a designated Recipient pursuant to an instruction received from a Sender.
1.7. “Sender”
means the individual who is a registered User of Kambudzi and who initiates a Remittance Transaction or delivery of goods for the benefit of the Recipient.
1.8. “Terms”
means the terms contained in this Agreement, including all attachments and exhibits.
1.9. “We,” “Us” or “Our”
means Kambudzi (Pty) Ltd, a private company incorporated and registered according to the laws of the Republic of South Africa, with its main office operating in 1st Floor, Constantia Village Court, Constantia Main Road, Constantia, under registration number 2020/110108/07;
1.10. “You” or “Your”
refers to the customer and any User that acquires our services through our website.
DESCRIPTION OF GOODS AND/OR SERVICE OFFERINGS
2.1. Kambudzi is a business in the Ecommerce industry that offers a platform to Customers to send goods and groceries to Recipients in Zimbabwe.
AGREEMENT TO TERMS
3.1. By accepting this Agreement, either by accessing, registering or using Kambudzi’s service(s), you agree to be bound by this Agreement. If you don’t agree to these Terms, do not proceed with using Kambudzi’s services. If you are accessing and using our services on behalf of another person, you warrant that you have the authority to bind that person to these Terms. References to “you” and “your” in these Terms herein shall refer to that person, our Customer.
3.2. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use any services offered by Kambudzi.
3.3. You may not use our services for any illegal or unauthorised purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
3.4. A breach or violation of any of the Terms will result in an immediate termination of your services.
GENERAL CONDITIONS
4.1. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the services offered by Kambudzi, use of the service, or access to the service and/or product or any contact made available on the website through which the service is provided, without express written permission by us.
4.2. We generally do not monitor, control, filter or edit the content submitted to this site by our Users. Content published on site do not represent our views, but rather as content promoting the products made available on our site. Such content should also not be viewed as professional advice of any kind, be it medical, legal, financial, or otherwise. If you have a complaint about the activities of or content submitted on our site, please notify our customer centre.
4.3. Kambudzi only distributes products offered by Lanwood Trading (Pvt) Ltd t/a Mega Save. Our display of such products should not be construed as any form of endorsement thereof.
4.4. When registering on Kambudzi.com as a user, you represent and warrant that you are 18 years or older, and are of legal age, to enter into a binding agreement with Kambudzi. Although not required, it is recommended that the Recipient of the goods processed through Kambudzi be 18 years or older. Should your designated Recipient be below the age of 18 years, the Sender agrees to indemnify and hold harmless Kambudzi, its employees, directors and partners against any costs, claims, liabilities, damages, judgments and legal fees as a result of your designated Recipient being below the age of 18 years old.
4.5. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
USE OF THE WEBSITE
5.1. Only registered Users shall be permitted to order goods from the Kambudzi website. To register as a user, you must provide a unique username and password and provide certain information and personal details to Kambudzi.
5.2. You agree and warrant that your username and password shall be used for personal use only; and not be disclosed by you to any third party.
5.3. In order to ensure the highest level of security for all Users, you agree to enter the correct username and password whenever ordering products from the website, failing which you will be denied access.
5.4. You warrant that once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
5.5. You agree to notify Kambudzi immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password; and to take steps to mitigate any resultant loss or harm.
5.6. Any external links to third-party websites on the Kambudzi website shall be provided as convenience to you, and therefore, you acknowledge that such links are not controlled by us in any way. Kambudzi are not responsible for the completeness, accuracy, legality, or any other aspect the other sites made available on our website, including any content provided on them. You access such websites at your discretion and risk.
CONDITIONS OF YOUR USE OF OUR SERVICE
6.1. When registering as a user of Kambudzi, and in order to process your request to send money or goods to the Recipient, you will be required to provide personal information in terms of Section 21 of FICA to enable Kambudzi to verify your identity and ensure compliance with FICA.
6.2. You acknowledge that when you submit a request to send goods ordered from the website, you provide Kambudzi with the required consent to process and execute such transaction on your behalf. It is your responsibility to make sure all the details are accurate before submission.
6.3. The total amount that you will be required to pay in order to proceed with your transaction and the relevant exchange rate will be displayed on the website before you are requested to confirm your transaction. Proceeding with the transaction will be entirely optional at this point.
6.4. Kambudzi, in its sole discretion, reserves the right to require additional information to process your request to process your transaction; and/or to take measures to ensure compliance with applicable laws and regulations.
6.5. Kambudzi reserves the right to not accept your request to process your transaction. Should we decide not to proceed with your request, we will notify you promptly of that decision and refund you the transaction amount received by us provided that we are permitted to do so in terms of the relevant law and/or authority.
6.6. For each request you submit to Kambudzi, you agree to pay us the quoted Service Fee in addition to the transaction amount. Payment shall become due at the time a submission is made to Kambudzi. You acknowledge that the Service Fee is non-refundable unless expressly stated in these Terms and Conditions.
6.7. Quoted delivery times on our website or service levels shall not be construed to be a guarantee of a transaction time, but rather a representative for the average service time.
6.8. All transactions and/or orders made on the Kambudzi platform may not be cancelled by the Sender once the goods have been collected by a recipient.
6.9. Any orders made and paid for via the Kambudzi website and/or platform, and not collected from any of the allocated depots after 21 (twenty-one) days from the date of notification received from Kambudzi that items are ready to be collected, the order for the goods shall be forfeited and no refund or in-store credit shall be given.
6.10. All returns are subject to the Return and Refund Policy.
6.11. All requests on orders made and paid for shall be processed promptly. Notwithstanding this, any request and transactions made on the website may be cancelled or delayed due to the following, but not limited to:
6.11.1. Efforts made to verify your identity in terms of FICA;
6.11.2. Verify and validate your request to transact;
6.11.3. Outstanding queries relating to the transaction in question;
6.11.4. Availability of currency; or,
6.11.5. Compliance with applicable law.
6.12. Kambudzi shall not be responsible for any non-payment or delays of products ordered on the website due to the events listed in clause 6.11 herein.
6.13. If a recipient, upon collection at the allocated depot, identifies that the items are damaged or missing, the recipient must notify the employee on duty. The products will be inspected by the employee on duty. If it is established that the goods are damaged or missing, the Customer will be issued with an in-store credit for the value of the goods that are damaged or missing. Recipients are required to be in possession of the following:
6.13.1. Proof of purchase;
6.13.2. Defective goods are returned in its original packaging.
6.14. Kambudzi shall not accept goods being returned if:
6.14.1. The goods have been used and/or consumed;
6.14.2. Hygiene regulations and food safety have been compromised.
6.15. You acknowledge that stock of all products on offer is limited and that pricing may change at any time without notice to you.
6.16. Kambudzi shall not be permitted to accept transaction where there is a material error in the price and/or description of any goods.
FAILURE TO COLLECT ITEMS AT THE DEPOT
7.1. The User and recipient of the goods acknowledge that if the goods are not collected from any of the allocated depots after 21-days from the date of notification received from Kambudzi that items are ready to be collected, the order for the goods shall be forfeited and no refund or in-store credit shall be given.
THE SENDER’S DECLARATION AND OBLIGATIONS
8.1. By registering as a User of Kambudzi and when transacting on the platform, you declare the following:
8.1.1. You have read this terms and conditions, and you understand and agree with the contents thereof;
8.1.2. You will comply with the relevant laws when registering with Kambudzi, including, but not limited to furnishing information in terms of FICA, which you declare to be true and correct;
8.1.3. You have been informed of the limit in transaction amount and confirm that your request to remit shall not exceed the amount stipulated in clause 4.4 herein.
8.2. You declare and acknowledge that all personal information and documentation you provide to Kambudzi in terms of FICA will be true, accurate, up-to-date and complete. Kambudzi is obliged to close your account and report to the relevant authority if we have reasons to believe that the information or documentation received by you to be false or altered in any way.
8.3. You acknowledge that the South African Revenue Service and/or the FIC may, at any time, request your personal information and documentation from Kambudzi in respect of an audit and that Kambudzi is obliged to and will provide the South African Revenue Service and/or FIC with such personal information and documentation upon request.
AMENDMENTS TO TERMS OR SERVICES
9.1. Kambudzi reserves the right to amend or update its terms of service at any time, in our sole discretion. If we do so, we will inform you either by posting the amended Terms within the services or through other communications with you, our Customer/User.
9.2. It’s important that you review the Terms whenever we amend them because if you continue to use our services after we have posted amended Terms on the services, you are indicating to us that you agree to be bound by the amended Terms. If you don’t agree to be bound by the amended Terms, then you may not continue to use the services.
9.3. Kambudzi shall not be liable to you should Kambudzi exercise its right to revise these Terms and Conditions or modify or discontinue the service.
9.4. Any new features that extend or enhance the service, including the release of new tools and resources, shall be subject to this Terms and Conditions. Continued use of the service after any of these changes shall constitute your consent to these changes. If you do not agree with any such amended Terms and Conditions, you shall notify Kambudzi during the 30-day period after such amended terms have been posted and at the end of such 30-day period, the terms of service shall be deemed terminated unless Kambudzi agrees to waive such amended terms to which you object.
PAYMENT
10.1. Payment for goods and/or services on our site can be made by debit card; credit card; instant EFT through a direct bank deposit or electronic funds transfer.
10.2. Should you make payment by credit card, we may require additional information in order to verify the validity of payment. In such cases, we are entitled to withhold collection of the goods and/or services ordered until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the goods and/or services will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the goods and/or service. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the site.
10.3. Should you make payment by direct bank deposit or electronic funds transfer, payment must be made within 2 (two) days of placing your order. We will not accept your order if payment has not been received.
10.4. Kambudzi will not be responsible for any fees or charges you may incur because of a particular payment instrument you use to fund a transaction. This may include, but are not limited to, unauthorised overdraft fees imposed by banks if there are insufficient funds in your bank account and additional interest which may be imposed by credit card providers if they treat your use of our services as a cash transaction rather than a purchase transaction.
PAYMENT OPTIONS ACCEPTED
11.1. Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Kambudzi bank account, the details of which will be provided on request.
CARD ACQUIRING AND SECURITY
12.1. Card transactions will be acquired for Kambudzi via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
CUSTOMER DETAILS SEPARATE FROM CARD DETAILS
13.1. Customer details will be stored by Kambudzi separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY
14.1. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
CUSTOMER DATA RETENTION AND WARRANTY
15.1. Kambudzi will maintain reasonable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer Data. Kambudzi will not share Customer Data without Customer consent, except when the release of data is compelled by law.
15.2. Kambudzi may collect and use analytics, statistics or other data related to the Customer Data and Customer’s use of the site in order to monitor, analyse, develop upon, maintain, and improve the site and customer experience.
15.3. You represent and warrant that you will obtain all rights and provide any disclosures to or obtain any consents, approvals, authorisations and/or agreements from any employee or third party that are necessary for Kambudzi to collect, use, and share Customer Data in accordance with these Terms. You furthermore warrant that no Customer Data infringes upon or violates any other party’s intellectual property rights, privacy, publicity or other proprietary rights.
15.4. You agree to indemnify Kambudzi against any liabilities, damages, demands, losses, claims, costs, fees (including legal fees), and expenses in connection with any third-party legal proceeding to the extent arising from or any act or omission of the customer in relation to customer instructions or the customer’s breach of this provision.
THIRD PARTY TOOLS
16.1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
16.2. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
16.3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
16.4. We may also, in the future, offer new services, goods and/or features through our website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these terms of service.
COLLECTION AND DISCLOSURE OF PERSONAL INFORMATION
17.1. Kambudzi shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be accessed on: https://www.justice.gov.za/legislation/acts/2000-002.pdf
17.2. Kambudzi’s Privacy Policy, which is recommended to be read with this Agreement, sets forth the Parties’ agreement with respect to the terms governing any processing of personal information by Kambudzi on your behalf pursuant to these Terms. The Privacy Policy forms part of this Terms and Conditions and supersedes any prior agreements regarding your personal information.
17.3. Kambudzi undertakes to process and maintain your personal information in accordance with the conditions of lawful processing as set out in terms of the Protection of Personal Information Act, No 4 of 2013; and any other applicable legislation governing the processing of personal information.
17.4. Kambudzi may disclose your personal information if required to do so by law or third-party companies with which Kambudzi contracts to process your request and transaction.
RESPONSIBILITY
18.1. Kambudzi takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
ERRORS, INACCURACIES AND OMISSIONS
19.1. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on our website is inaccurate at any time without prior notice (including after you have submitted your order).
INDEMNITY AND LIMITATION OF LIABILITY
20.1. To the extent permitted by applicable law, you will indemnify, hold harmless and defend Kambudzi, at your expense, from any and all third-party claims, actions, proceedings, and suits brought against Kambudzi or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by Kambudzi or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of our services, (iii) your violations of applicable laws, rules or regulations in connection with the service rendered, (iv) any representations and warranties made by you concerning any aspect of the service offered by Kambudzi; (v) any claims made by or on behalf of any Third Party pertaining directly or indirectly to your use of our service; (vi) violations of your obligations of privacy to any Third Party; and (vii) any claims with respect to acts or omissions of any Third Party in connection with the service.
20.2. To the extent permitted by applicable law, neither Kambudzi or any other party involved in creating, producing or delivering the services and/or product will be liable for any incidental, special, punitive, exemplary or consequential damages, including loss of profits, loss of data or goodwill, service interruption or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the products, whether based on warranty, contract, delict (including negligence), product liability or any other legal theory, and whether or not the other party has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
20.3. Kambudzi will provide you with written notice of any claim, suit or action from which you must indemnify Kambudzi. You will cooperate as fully as reasonably required in the defense of any claim. Kambudzi reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
WARRANTIES
21.1. The services and goods offered on our site are provided “as is,” without warranty of any kind. To the fullest extent permitted by applicable law, except as expressly provided for in this agreement, Kambudzi makes no other warranty of any kind, whether express, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular use and noninfringement.
21.2. Kambudzi makes no warranty that the services and/or goods will meet Customer’s requirements or be available on an uninterrupted, secure, or error-free basis. Kambudzi makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any analytics or Customer/User Data.
21.3. The implied warranty provided under the applicable law extends only to the Customer and is not assignable or transferable to any subsequent purchaser or user.
21.4. To the extent Kambudzi may not, as a matter of applicable law, disclaim certain implied warranties, the duration of any such implied warranty shall be limited to the minimum time period permitted under such law.
FORCE MAJEURE
22.1. Kambudzi is not liable or responsible, nor shall be deemed to have defaulted under or breached this Agreement, for any failure to perform or delay in performing its obligations under this Agreement due to an event of force majeure. An event of force majeure is any event or circumstance beyond Kambudzi’s reasonable control, such as war, hostilities, an act of God, earthquake, flood, fire, or other natural disaster, strike or labour conditions, material shortage, epidemic, disease, government action, or failure of utilities, transportation facilities, or communication or electronic systems.
SEVERABILITY
23.1. If any particular provision and/or term of this Terms and Conditions is found to be defective or unenforceable or is cancelled for any reason (whether by any competent Court or otherwise), then the remaining provisions and/or terms shall continue to be of full force and effect. Each provision and/or term of this Agreement shall accordingly be construed as entirely separate and separately enforceable in the widest sense from the other provisions and/or terms hereof.
WHOLE AGREEMENT
24.1. The terms set out herein constitutes the entire agreement between the parties regarding the subject matter hereof. No agreements, guarantees or representations, whether verbal or in writing, have been concluded, issued or made, upon which any party is relying in concluding this Agreement, save to the extent set out herein.
24.2. The failure of us to exercise or enforce any right or provision of this Terms and Conditions shall not constitute a waiver of such right or provision.
24.3. Any ambiguities in the interpretation of this Terms and Conditions shall not be construed against the drafting party.
ARBITRATION
25.1. Any claim or controversy arising out of or relating to the terms shall be settled by a binding arbitration in accordance with the Arbitration Act of the Republic of South Africa. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Cape Town and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Kambudzi may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
GOVERNING LAW
26.1. This Terms and Conditions, and any action related thereto, are governed by and construed in accordance with the laws of South Africa and you irrevocably submit to the exclusive jurisdiction of the courts of South Africa.
GENERAL
27.1. Your rights and obligations under this Terms and Conditions are not assignable or transferable.
27.2. No agency, partnership, joint venture, or employment is created as a result of your use of our services.
27.3. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to this Terms and Conditions constitutes acceptance of those changes.
COMPANY INFORMATION
28.1. The Kambudzi website is run by Kambudzi (Pty) Ltd based in South Africa.
CONTACT INFORMATION
29.1. If you have any questions about this Terms and Conditions, please contact us at compliance@kambudzi.com.
29.2. We will acknowledge receipt of your query within 2 Business Days and respond promptly as possible.
